Dangerous Product Alert: E-Cigarettes May Be Poisonous, Dangerous to Children, and a Fire Hazard

Want to quit smoking? Well, it looks like those electronic cigarettes—or e-cigarettes—are not safer than regular smokes. According to a recent investigation, poison control centers across the U.S. have witnessed a 161 percent increase in e-cigarette complaints. 30% of e-cigarettes investigated had as much formaldehyde and acrolein, which are known carcinogens, as regular cigarettes.

What is worse, the investigation found that more than half of the poison control calls were about children who got their hands on e-cigarettes and exposed our found the liquid cartridge inside.  Kids have reportedly been injured by ingestion or skin exposure to the liquid.  Another report concerned a bedroom fire when an e-cigarette overheated while in the charger, causing a home to burn down.

The FDA and the American Cancer Society both say that there is no evidence that e-cigarettes are safe.  The FDA website states:

As the safety and efficacy of e-cigarettes have not been fully studied, consumers of e-cigarette products currently have no way of knowing:

• whether e-cigarettes are safe for their intended use;
• how much nicotine or other potentially harmful chemicals are being inhaled during use; or
• if there are any benefits associated with using these products.

Additionally, it is not known if e-cigarettes may lead young people to try other tobacco products, including conventional cigarettes, which are known to cause disease and lead to premature death

 In initial tests, the FDA found carcinogens and toxic chemicals.  The FDA is now in the process of promulgating regulations to oversee the nearly $2 billion global industry, a move that the industry is fighting.

Dangerous Drug Alert: Dietary Supplements Can Cause Liver Damage

The New York Times reported that a new study, funded by the National Institutes of Health, found that dietary supplements cause 20 percent of drug-related liver injuries. The $32 billion dietary supplement industry is largely unregulated and operates on an “honor system” where most manufacturers do not study the drugs for safety before selling them to consumers.  According to the NYT article about 0.3 percent of supplements sold in the U.S. have been studied closely enough to determine their side effects. As a result, health care providers and the public know little about their ingredients and injuries they can cause. Green tea extract, a supplement commonly labeled as a fat burner, can have high concentrations of catechins (a type of antioxidant) that can be toxic to the liver.  The article describes how a teenager trying to lose some weight nearly lost his liver due to a green tea extract.  

So be wary of the quick-fix diet pill as you make your New Year’s resolution to lose a few pounds.  They may be doing more harm than good. 

All of us here at the Washington Product Liability Blog wish you a healthy and happy 2014!

Defective Product Alert: Two Manufacturers Recall Food Products Due to Mislabeling

The California food producer DelMonaco Specialty Foods recalled 5,616 pounds of its Aramanino brand bolognese sauce products.  The food product manufacturer failed to properly label milk, a known allergen, when the allergy label was not applied to all of the products in each lot that was produced.  Multiple versions of the Aramanino “Bolognese Sauce with Beef & Pork” sauce are being pulled from grocery store shelves due to the mislabeling.

USDA Food Safety and Inspection Service announced last Friday that a Utah-based food producer, Creminelli Fine Meats, is recalling approximately 101 pounds of fully-cooked-not-shelf-stable, ready-to-eat pork roast products that were sold exclusively online. The product is being recalled because the company was using a Hazard Analysis and Critical Control Point plan for a different category of ready-to-eat products.

Court Announces DePuy ASR Settlement Plan

The Johnson & Johnson $2.5 billion DePuy ASR defective hip implant settlement was announced in court on Tuesday. Attorneys for plaintiffs now have the task of assessing the settlement and possible alternatives with their clients. The next few weeks should provide clarity on that front. Regardless, the settlement is a very good sign and an impressive outcome thanks in large part to the hard work of plaintiffs' attorneys, particularly those on the DePuy MDL  leadership counsel who hammered out this settlement back in New York.

The American Association of Justice (AAJ)  has also been instrumental in achieving this success by providing resources and opportunities for lawyers across the country to connect and share information. Without AAJ, settlements like this one, which will benefit so many people, would not happen. I hope that folks will consider this the next time they hear chatter about “frivolous lawsuits” and “tort reform.” When a corporation harms people and could have prevented it, what’s needed is “corporate reform” not reform of  the tort system that holds them accountable.

Further details of the settlement can be found here.

DePuy ASR & Talk of Settlement

News reports that Johnson & Johnson has tentatively agreed to pay $4 billion to settle thousands of lawsuits filed over its recalled metal on metal DePuy ASR hip system hit the media yesterday. According to Bloomberg’s report, the executive committee of plaintiffs’ lawyers leading the nationwide litigation gave a statement honoring a court order on confidentiality of negotiations: “Any comment relating to settlement that does not come from leadership, the court, or from the company itself, remains speculative.” U.S. District Judge David Katz in Toledo, Ohio, who is coordinating federal litigation, needs to approve any settlement. As such, our position is to treat this talk as just speculation.  Unless or until an announcement is made, the best practice is to assume that there's no deal in place.

It is important for Washington residents who have an ASR hip implant to be mindful of this backdrop. As soon as any official word becomes available, it will be posted here immediately.  Bloomberg predicts that could happen as early as next week. But we'll just have to see how it plays out. Check back frequently for updates.